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(영문) 서울남부지방법원 2014.10.02 2014고단1821

자본시장과금융투자업에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 80 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant is professional investors. The Defendant selected items with a large volume of trading volume and a large volume of daily fluctuations, and opened up to 10 minutes of the average market price with 10 minutes, and opened a market price manipulation for 5 company shares, such as the Defendant and his family members, by submitting an order of high volume and low volume of stocks at least five times at a time in the name of the principal or his family members, and inducing the purchase and sale of the purchase order and the highest trading order by submitting them to a single or ten share account for the short-term sale, following the increase of market price (3) with a view to continuously gaining profits from market price manipulation, which consists of 10% or more of the purchase order and the highest trading order, and the acquisition of profits from sale after the increase of market price. The Defendant and his family members, using the total 75 securities account opened in the name of 12 persons, including the LAF, as follows.

1. Market price manipulation with the stocks of the KK account in the name of the Defendant: (a) around 09:36:31 on August 28, 2012, the Defendant: (b) around 7,490 won (2,108 shares); (c) around 7,500 won (4,547 shares); (d) around 10,00 shares in the KK account in the name of the Defendant’s name are purchased at KRW 7,50 per share with the highest price of 10 won compared to the immediately preceding price and the other party; (e) around 09:37:18 through 09:39:12:38 shares each share with 358 shares each by submitting an order for trading through G name-based account, etc. (179 shares purchase and sale; and (e) up to 7,590 won each market price increase by 7,590 shares; and (e) up to 209:17:271 shares price increase by submitting the price manipulation with the above 3.27:10 billion.

Any person who manipulations through the most trade shall make a mistake in trading listed securities or otherwise mislead any other person into making a wrong judgment with respect to the trading of listed securities.